Terms of Use

Cockburn Power Boats Association Inc (ABN: 91781485642) is pleased to invite you to use our website. Use of this website is governed by the Terms and Conditions set out in this document, by our Constitution and by our Privacy Policy. If you disagree with any part of these documents, please discontinue use of our website.

Refunds and Returns

Refunds are provided in the event of an over charge or cancellation of a Club function or for our supply to you of a faulty merchandise item you may have purchased in the shop in our Club.

Membership fees are not refundable either as a full or partial refund without prior arrangement with the Association management.

Club Membership Nomination fees are only refunded if the Association refuses the membership application.

We do not sell merchandise through our website, however if you purchase faulty merchandise from the shop at the Association’s Clubrooms, please contact us immediately so we can organise how you can return the products to us and provide your refund or replacement products.

Payment Processing

As a customer or member of the Cockburn Power Boats Association Inc, when you use the Association website, you can choose to make payments to us online using either Visa card or MasterCard.

The Cockburn Power Boats Association does not see or store your credit card details as the payment processes are managed securely through the CommWeb, the secure payment gateway of the Commonwealth Bank of Australia.

Visa and MasterCard payments are securely processed by CommWeb. All online credit card transactions performed on the Cockburn Power Boats Association site using the CommWeb gateway are secured payments. The following security measures are applied to these payments:

Payments are fully automated with an immediate response;

Your complete credit card number cannot be viewed by Cockburn Power Boats Association Inc or any outside party;

Monies are transferred by CommWeb from your credit card to the Commonwealth Bank merchant account held by Cockburn Power Boats Association Inc.

SSL Security

We understand the importance of your personal information and have appropriate procedures in place to safeguard and secure the information we collect to prevent unauthorised access or disclosure, maintain data accuracy and ensure the appropriate use of information.

We take website and credit card security extremely seriously and always endeavour to provide a secure, safe platform from which to conduct online transactions. We use the industry standard Secure Sockets Layer (SSL) protocol, which encrypts information as it is transmitted over the internet.

To ensure you are accessing a secure server, you can look at the URL. If SSL is active, then the first characters of the URL will read ‘https’ rather than just ‘http’. It is important for you to protect against unauthorised access to your password and your computer.

Ensure you sign out when you have finished visiting our website especially if you have accessed the website from a shared computer.

No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to Cockburn Power Boats Association Inc is transmitted at your own risk.

No Liability for Errors or Omissions

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies, omissions or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

If an event, service or product is inadvertently listed with the incorrect information or price, we reserve the right to refuse or cancel any orders placed anything listed incorrectly by us. We are under no obligation to provide or continue to provide any incorrectly listed event, service or product. If an incorrectly listed event, service or product item has been paid for in advance, we will issue an immediate refund.

Your Information

It is your responsibility to ensure your personal details supplied by you and held by Cockburn Power Boats Association Inc are updated and current, as we take no responsibility for your products, orders or membership-related information being sent to the wrong postal address if you fail to do so.

Your Submissions

Except as otherwise provided elsewhere in this agreement, our Constitution or in our Privacy Policy, anything you submit to post to the site, including but not limited to ideas, techniques, photographs, testimonials, reviews, comments, and suggestions will be treated as non-confidential and non-proprietary, and we will have the worldwide, perpetual, irrevocable and transferable right to use, display, publish, edit, copy and distribute this content.

All submissions become our sole and exclusive property. In addition, when you post comments or reviews to the site, you grant us the right to use the name you submit with the content in connection with it. We may remove or edit any submission we deem to contain libellous, unlawful, abusive or obscene material, or if we have reason to believe you have used a false email or someone else’s name.

Copyright & Trademarks

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics used in or on the website. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Links

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website or websites, nor do we have any responsibility for the content on any linked website.

Warranties and Limitation of Liabilities

Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:

“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees”). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

If you purchase merchandise from us, your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. If you would like to make a claim under the manufacturer’s warranty, please contact the Association’s administration.

Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions are excluded;

(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

(c) our total liability arising out of or in connection with the products, the services or these Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions.
Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.

General

These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.

We may change any provision in these Terms and Conditions without notice so we advise that, even if you are a member or frequent purchaser, you check these Terms and Conditions whenever you want to purchase products or services from us. Any change in these Terms and Conditions will only apply to future orders.

None of our agents or employees or any third parties have any authority to change these Conditions.

We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.

You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.

Any notice in connection with these Terms and Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Conditions take effect (where possible) as if they did not include that provision.

Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.

Laws of Western Australia

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Western Australia.

These Terms and Conditions are governed by the laws of Western Australia, Australia. The parties each agree to submit to the jurisdiction of the courts of Western Australia, Australia.